Singapore legislation
Clause 7
Clause 7
Consent for research involving adults who lack mental capacity
(1)
Where the prospective research subject is an adult who lacks mental capacity and there are reasonable grounds for believing that biomedical research of comparable effectiveness cannot be carried out without the participation of the class of persons to which the adult belongs, the appropriate consent for the adult must be obtained from the following persons in the following circumstances:
where there is a donee or deputy who is authorised to give consent to the biomedical research on behalf of the adult, consent is obtained from the donee or deputy; (b)where there is no donee or deputy who is authorised to give consent to the biomedical research on behalf of the adult, consent is obtained from any of the following persons in the order of priority stated, when persons in prior classes are not available, and in the absence of actual notice of contrary indications by the adult, or actual notice of opposition of a member of the same class or a prior class:
the spouse; (ii)an adult son or daughter; (iii)either parent or a guardian;
an adult brother or sister;
any other person named by the adult as someone to be consulted on the matter in question or on matters of that kind.
(2)
For the purposes of subsection (1) —
an adult is assumed to have capacity to give consent unless it is established that he or she lacks capacity; (b)where a donee is a person specified in subsection (1)(b)(i) to (iv) but there is an express provision in the lasting power of attorney that the donee is not authorised to give consent to human biomedical research on behalf of the adult lacking mental capacity, that donee is not authorised to give consent under subsection (1)(b)(i) to (iv);
the donee or deputy of an adult lacking mental capacity or a person specified in subsection (1)(b)(i) to (iv) must, in determining whether to give consent under subsection (1), have regard to such matters, considerations and procedures as may be prescribed.